Gulp Dual License Agreement

Effective Date: September 13, 2024

This agreement governs the release of the software “Gulp” (hereinafter referred to as the "Software") developed by Mentat Solutions s.r.l. (hereinafter referred to as “Mentat”, the "Company" or “Licensor”). The Company is releasing the Software under an open source license, subject to the terms and conditions outlined below.

All Gulp versions and related components, where applicable, are dual-licensed under the terms of this agreement (AGPLv3 or commercial license), unless explicitly stated otherwise or unless they are released under a different license with separate terms and conditions. Since Gulp is an open source software, its source code is freely available under the terms of the AGPLv3 license.

1. Open Source Release

Mentat releases the Software as open source under the terms of the GNU Affero General Public License (AGPL), version 3.0 or later. The full text of the AGPL can be found at https://www.gnu.org/licenses/agpl-3.0.html.

2. Intellectual Property Ownership

The Licensor retains full and exclusive ownership of all intellectual property rights in and to the Software, including but not limited to copyrights, trademarks, patents, and trade secrets. The open source release does not constitute a transfer of intellectual property rights.

3. Dual Licensing

In addition to the AGPL license, the Company offers a commercial license for parties who cannot or choose not to comply with the terms of the AGPL. The commercial license allows use of the Software under separate terms, without the requirement to comply with the copyleft obligations of the AGPL.

4. Conditions of Use

AGPL License: Users who choose to use the Software under the AGPL license must comply with all provisions of the AGPL, including the requirement to release source code and provide attribution when distributing or modifying the Software.

Commercial License: Users who cannot comply with the AGPL terms, or who wish to use the Software in a proprietary or closed-source manner, may obtain a commercial license directly from the Company. The terms and pricing of the commercial license will be negotiated on a case-by-case basis.

The terms of this agreement apply especially to any non-compliance with the Limitation section (Section 5), including violations involving hosting the Software as a service, circumvention of license key functionality, or removal of copyright notices or other protected elements of the Software.

5. Limitations

You may not provide the Software to third parties as a hosted or managed service, where the service provides users with access to any substantial set of the features or functionality of the Software.

You may not move, change, disable, or circumvent the license key functionality or other license enforcing functionality in the Software, and you may not remove or obscure any functionality in the Software that is protected by the license key and / or any other license enforcing functionality.

You may not alter, remove, or obscure any licensing, copyright, or other notices of the Company in the Software. Any use of the Company’s trademarks is subject to applicable law.

6. Termination

If you use the Software in violation of these terms, such use is not licensed and your licenses will automatically terminate. If the Company provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.

7. Disclaimer of Warranty

The Software is provided "AS IS", without any warranties of any kind, whether express or implied. The Company disclaims all liability for any damages arising from the use of the Software.

Modification of the core, core plugins and UI is discouraged. Modifying such components may irreversibly affect performance, stability and functionality. Both users of the open source licensed software and customers of the commercially licensed software acknowledge that the Company will never provide support for modified versions of the Software without incurring in extra efforts.‌ Moreover, on the commercial plans, our engineering team can only provide consulting on original versions of the components .‌

8. Commercial License Inquiries

Parties interested in obtaining a commercial license for the Software may contact the Company directly to discuss terms and conditions. Please reach out to gulp@mentat.is

9. Amendments

The Company reserves the right to amend the terms of this agreement at its sole discretion. Any amendments will be published and made available to the public.

